Fire (Scotland) Act 2005
Contents |
[edit] Introduction
The Fire (Scotland) Act 2005 (“the 2005 Act”) was passed on 23 February 2005. It is an Act of the Scottish Parliament to "make provision about fire and rescue authorities and joint fire and rescue boards; to restate and amend the law in relation to fire services; to make provision in relation to the functions of such authorities and boards in connection with certain events and situations other than fires; to make provision for implementing in part Council Directives 89/391/EEC, 89/654/EEC, 91/383/EEC, 94/33/EC, 98/24/EC and 99/92/EC; to make other provision in relation to fire safety in certain premises; and for connected purposes."
In England and Wales, requirements on general fire safety are covered in the Regulatory Reform (Fire Safety) Order 2005, which came into force in 2006.
[edit] Protecting non-domestic premises
The 2005 Act is divided into five parts. Requirements on general fire safety are covered in Part 3 of the Act and supported by the Fire Safety (Scotland) Regulations 2006 (“the 2006 Regulations”). This introduced a fire safety regime for Scotland which replaced previous fire safety legislation. It also provided detailed updates of fire related duties, including enforcement and penalties for the majority of non-domestic premises in Scotland.
Non-domestic premises are defined as:
- All workplaces and commercial premises.
- All premises with public.
- All types of houses in multiple occupation (HMO).
[edit] Role of the duty holder
In Scotland, the duty holder is the counterpart to the ‘responsible person’ designation under the Regulatory Reform (Fire Safety) Order 2005 in England and Wales. The duty holder could be the employer or any other person who has control to any extent over any part of the premises (such as the occupier or owner).
The duty holder must conduct a fire risk assessment of the premises that takes into consideration the safety of all 'relevant persons' in case of fire. Employees have a duty to cooperate with employers to ensure the safety of others from fire.
[edit] The Fire Safety (Scotland) Regulations 2006
The 2006 Regulations were introduced as part of the fire safety regime. While the primary legislation (the 2005 Act) contains a broad brush approach to fire safety measures, the 2006 Regulations contain more detailed provisions. They impose fire safety duties on employers made under powers contained in Part 3 of the 2005 Act..
[edit] Guidance
The Scottish Government provides several resources as guidance for different types of non-residential existing buildings. These include:
- Guidance on carrying out a fire safety risk assessment for people responsible for non-domestic premises and houses of multiple occupation (HMO).
- Fire safety guidance for existing non-residential premises (2017) for owners of premises including commercial, industrial, transport, educational, day care and places of entertainment and assembly.
- Fire safety guidance for existing premises with sleeping accommodation (2018) for employers and managers of premises which provide sleeping accommodation, including hotels and bed and breakfast accommodation, camping and caravan sites and all types of houses in multiple occupation (HMO).
- Fire safety guidance for care homes (2014) for those who have responsibility for ensuring fire safety in care homes in Scotland.
- Practical guidance for the emergency evacuation of disabled people for those who have control of, or have safety obligations in respect to non-domestic premises, to ensure that arrangements are in place for an evacuation of the premises, if the situation requires it.
- Building (Scotland) Regulations 2004 for those designing new buildings. Note that there is a new technical handbook, Building standards technical handbook 2020: non-domestic, which provides guidance on achieving these regulatory requirements.
[edit] Related articles on Designing Buildings Wiki
- Building safety in Wales.
- Construction fire safety responsibility and competence matrix.
- Fire.
- Fire fatalities in Scotland.
- Fire Safety Bill.
- Interlinked fire alarm safety laws in Scotland.
- Responsible person under the Regulatory Reform (Fire Safety) Order 2005.
- Risk assessment under The Regulatory Reform (Fire Safety) Order 2005.
- The need for company fire risk assessments.
- Scottish Advice Note addresses fire risk in multi-storey residential buildings.
- Scottish building standards.
- Scottish planning and architecture documents.
- The Regulatory Reform (Fire Safety) Order 2005.
[edit] External resources
- Gov.scot, Building standards technical handbook 2020: non-domestic.
- Gov.scot, Fire safety guidance: evacuating disabled people from buildings.
- Gov.scot, Fire safety guidance for care homes.
- Gov.scot, Fire safety guidance for existing premises with sleeping accommodation.
- Gov.scot, Fire safety risk assessment: forms and guidance.
- Gov.scot, Practical fire safety guidance for existing non-residential premises.
- Legislation.gov.uk, Fire Safety (Scotland) Act 2005.
- Legislation.gov.uk, Fire Safety (Scotland) Regulations 2006.
- Legislation.gov.uk, The Building (Scotland) Regulations 2004.
Featured articles and news
Registered building inspectors
Building types and conflicts of interest updates explaineed.
Engineering services still struggle with labour shortages
According to latest quarterly services survey of the sector.
Infrastructure that connect the physical and digital domains.
Harnessing robotics and AI in challenging environments
The key to nuclear decommissioning and fusion engineering.
BSRIA announces Lisa Ashworth as new CEO
Tasked with furthering BSRIA’s impressive growth ambitions.
Public buildings get half a million energy efficiency boost
£557 million to switch to cleaner heating and save on energy.
CIOB launches pre-election manifesto
Outlining potential future policies for the next government.
Grenfell Tower Inquiry announcement
Phase 2 hearings come to a close and the final report due in September.
Progress from Parts L, F and O: A whitepaper, one year on.
A replicated study to understand the opinion of practitioners.
ECA announces new president 2024
Electrical engineer and business leader Stuart Smith.
A distinct type of countryside that should be celebrated.
Should Part O be extended to existing buildings?
EAC brands heatwave adaptation a missed opportunity.
Definition of Statutory in workplace and facilities management
Established by IWFM, BESA, CIBSE and BSRIA.
Tackling the transition from traditional heating systems
59% lack the necessary information and confidence to switch.
The general election and the construction industry
As PM, Rishi Sunak announces July 4 date for an election.
Eco apprenticeships continue help grow green workforce
A year after being recognised at the King's coronation.